House of Lords Journal Volume 4: 6 April 1642

DIE Mercurii, 6 die Aprilis.

PRAYERS.

Lord Coventry and Sir Bainham Throgmorton.

Ordered, That the Cause between the Lord Coventry and Sir Bainham Trockmorton shall be put off until the 20th Day of May next, notwithstanding any former Order of this House to the contrary.

Bushell versus Sir Richard Price.

Upon reading the Petition of Thomas Bushell, Esquire, this Day in the House, and the Affidavits thereunto annexed; shewing, "That Sir Richard Price, Knight and Baronet, and his Servants, have molested and disturbed the said Petitioner, and his Agents and Coadventurers, in their Works, in the Mines Royal in the County of Cardigan, contrary to an express Order of this House in that Behalf made, bearing Date the 14th of August 1641, by destroying and disturbing several of the said Petitioner's Works, in Tallabant, Comervin, and Gigmion, and by hindering his Agents and Coadventurers of taking and making of Turf into Fuel, being a Conveniency of the Petitioner's own Invention, for Preservation of Wood, for the general Good of the Commonwealth; as also by hindering the said Petitioner's Agents and Coadventurers to set up Engines to draw Water, and hindering and stopping of Watercourses, which make for the Ease and Benefit of the said Works, and in digging and converting the said Mines to their proper Profit:" It is therefore thought fit, and so Ordered, by the Lords in Parliament, That the said Sir Richard Price and his Servants, mentioned in the said Petition and Affidavit, shall be forthwith sent for, to appear before the Lords in Parliament, to answer their. Contempt to this House, in the Breach and Disobedience of the said Order: And it is likewise further Ordered, That the said Mr. Bushell, and his Agents and Coadventurers, be not hereafter disturbed, in or concern ing the said Works, or any of them, in taking, digging, and carrying, of any necessary Conveniency of Turf for Fuel, nor any Water-courses stopped or disturbed, which may conduce either for the Ease or Benefit of the said Public Service, in the said Mines Royal; but that the said former Order, and the Directions therein given, be fully obeyed and performed in all Points.

Countess Dowager of Rutland versus Earl of Rutland.

Upon reading the Petition of the Earl of Rutland, desiring, "That his Answer to the Petition of the Countess Dowager of Rutland may be respited until the next Term; and that the said Countess may be Ordered to forbear the cutting and destroying of the Timber Trees in the Manor of Belvoir, until the Business be heard:" It is Ordered, That the said Countess Dowager of Rutland shall have a true Copy of the said Petition delivered to her; and that she return her Answer thereunto (fn. 1) within Six Days after Notice thereof, and shew Cause why the said Petition should not be granted; and then this House will take into Consideration the Destruction of the Timber Trees mentioned in the said Petition.

Lord Keeper excused.

Ordered, That the Lord Keeper shall be excused from giving his Attendance on this House for a few Days.

George Bresbin a Pass to go into France.

Ordered, That Mr. George Bresbyn shall have a Pass quietly, without any Interruption, to go into France, about some necessary Affairs of his own.

Bill against Pluralities.

Ordered, That these Lords following are added to the Committee for the Bill against Pluralities; who are to meet To-morrow in the Afternoon, at Five of the Clock, in the Painted Chamber:

Lords Leave to be absent.

Ordered, That the Earl of Leycester hath Leave to go into the Country, for Four or Five Days,

Ordered, That the Lord Bruce is excused for being absent this Day, in regard of his ill Health.

Message to the H. C. that the Lords are ready to proceed in Benyon's Cause.

A Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:

To give the House of Commons Notice that Mr. Benyon is come, and the Lords are ready to give a Proceeding in the said Cause.

Order for the Committee for the Kentish Petition to examine Sir George Strode.

Ordered, That the Lords Committees for the Kentish Petition shall hereby have Power to examine Sir George Strode, concerning an Information given in by Sir Thomas Walsingham, of several scandalous Speeches, which the said Sir George Strode should speak against both Houses of Parliament; and that the said Committee shall hereby have Power and Authority to send for such Witnesses, to come before them, as they shall think fit, to give Testimony in this Business; and that the said Committee shall meet at Three of the Clock this Afternoon, in the Painted Chamber.

Order against Baile and Chuter, for taking the Sacrament Cupout of the Church at Weybridge.

Upon Information this Day given unto this House, "That Francis Baile and Edward Chuter had taken the Cup out of the Church at Waybridge, wherewith the Minister useth to administer the Sacrament to the Parishioners there;" it is Ordered, That Sir Richard Younge, Baronet, and Sir Thomas Reynell, Knight, Justices of the Peace for the County of Surrey, shall speedily send for the said Bailes and Chuter, to appear before them, and cause them forthwith to deliver the said Cup to the Minister or Vicar of the said Parish, or else to bind them over to answer the Business before the Lords in Parliament assembled.

Hooper versus Fairevack and Legay.

Ordered, That Anthony Hooper shall shew Cause peremptorily, on this Day Sevennight, why he hath not obeyed the Order of this House, in shewing Cause why the Tobacco in the Isle of Garnesey should not be delivered into the Possession of Daniell Fairevack and Isaacke Legay, according to the Certificate of the Commissioners.

Turner and Wilgrice.

Ordered, That the Lords Committees for Petitions shall hear the Cause between Turner and Wilgrice, Tomorrow in the Afternoon, at Five of the Clock; and to examine whether it hath been by the Neglect of Wilgrice, or whether by reason of the publishing of the general Order for adjourning all Private Businesses, that he hath not appeared before this House, according to the Order; and to report the same to this House.

House of Commons manage the Evidence against Benyon.

The Committee of the House of Commons being come, to maintain their Impeachment, and to manage the Evidence, against George Benyon, he was brought to the Bar as a Delinquent; and, after he had kneeled, until the Speaker, by the Directions of the House, bid him stand up, then Mr. Serjeant Wylde desired, "That the Impeachment, containing the Articles against the said George Benyon, might be read;" and, after that, the Answer of Benyon was read.

This being done; Mr. Glynn opened the Parts of the Charge; which he made to consist of Two Parts:

"1. George Benyon's malicious contriving, subscribing, procuring, and getting Hands to, a false, dangerous, and seditious Petition, containing therein divers false, scandalous, and seditious Matters.

"2. For speaking divers false and scandalous Speeches, in Derogation of the Privileges of Parliament, and of the Peers therein assembled."

To prove the First Part, these Witnesses were produced, and deposed upon Oath: videlicet,

Henry Mosse, a Scrivener, said, "That Mr. Robert Gardiner brought this Petition to his Father's Shop (being a Scrivener (fn. 2) near The Old Exchange, in London), for to be subscribed; and George Benyon brought many Persons along with him, to subscribe the said Petition; and he appeared in it more than any other, coming to his Father's Shop Four or Five Times a Day, to enquire how the said Subscription went forwards. He further said, That he subscribed the said Petition himself, because he heard George Benyon say that it was approved of by Counsel; and he asking the said Benyon whether it would not be too late to present the said Petition to the Parliament, now the Ordinance for the Militia was settled by the Parliament, he answered it was not too late to deliver it."

Edmond Harvy said, "He went with Mr. Benyon to Mr. Mosse's Shop, to see the said Petition; and, after he had read it, he told George Benyon he would not subscribe it, because it was full of Untruths; for the Lord Mayor of London hath not Power over the Militia, because he cannot draw out any of the Trained Bands upon Shrove-Tuesday without Authority from the King: And further he told Benyon, he heard that the Ordinance for settling of the Militia was passed already in Parliament, and therefore he thought that the Petition would come too late. Benyon answered, That he had taken Mr. Recorder's Advice in the Petition, and he thought it to be a good Petition; and said, that the Petition would not come too late."

John Offley said, "That he was present when the Dispute was at Mr. Mosse's Shop between Mr. Harvie and George Benyon; and some present told Mr. Benyon, that the Petition would come too late, for the Ordinance for settling the Militia was passed the Parliament; to which the said Benyon answered, that those that undertook the Petition did know, That the Ordinance was not passed, and that the Petition would not come too late."

Symond Edmonds said, "That he came to Mr. Mosse's Shop, when Mr. Benyon and Mr. Harvy were talking about this Petition; and Mr. Benyon desired him to subscribe it. Then he asked whether it required Haste, and whether it would not come too late, the Ordinance of Parliament being passed; to which the said Benyon answered, That it did require Haste, but it would not come too late, though Mr. Fulke said it would."

To prove that the Petition in the Charge was the original and true Petition, George Benyon's Examination, taken before the Lords Committees, was read; wherein he confesses it to be subscribed with his own Hand.

Also another Examination of Benyon's, taken before the Lords Committees the 21st of February 1641, was read; wherein he confesses that Mr. Vassall gave him Advice to forbear the procuring of Hands to this Petition.

To prove the Words charged in the Impeachment, Robert Stevens was produced.

After this, Mr. Glynn observed, "That the Time when the Ordinance for the Militia passed in Parliament was the 8th of February 1641; and the Discourse concerning this Petition was the 19th of February.

"2. That the Time when George Benyon presented this seditious Petition was, when both House had declared that the Kingdom was in imminent Danger.

"3. The Consequences of this ill Example is, that other Countries have taken the same Boldness to contrive Petitions of this Nature; and the King's Answer of the 28th of February hath succeeded it."

For these great Crimes and Misdemeanors, the Committee desired, in the Behalf of the House of Commons, (fn. 3) their Lordships severe Judgement against the said George Benyon.

Then the said George Benyon made these humble Desires to this House, "That he might answer by his Counsel; and that the same Witnesses as have been produced by the House of Commons against him may be present when his Defence is made; and that he may have Liberty to cross-examine them, as Occasion shall be; and that he might have Copies of his Examinations taken before the Lords Committees, and read this Day."

Hereupon the Committee of the House of Commons and the said George Benyon withdrew; and the House taking these Desires of Benyon into Consideration, Ordered, That this House will proceed in this Business further this Afternoon, at Three of the Clock; and that the same Witnesses as were produced this Morning on Behalf of the House of Commons shall attend this House at the same Time; and that the said George Benyon shall have Liberty to cross-examine them, but that no Copies of the Examinations shall be allowed to be taken out.

Then George Benyon was called in; and the Speaker told him what Order this House hath made herein.

Walker committed, for being Author of a seditious Pamphlet.

The Lord Chief Justice of the King's Bench informed the House, "That one Thomas Walker is discovered to be the Author of the seditious Pamphlet, intituled, Return to your Tents, O Israel; and, being taken by the Lieutenant of The Tower, he keeps him in safe Custody, until he receives the Directions of this House."

Hereupon this House Ordered, That the said Thomas Walker shall be kept in safe Custody, in The Tower of London, until the Pleasure of this House be further known.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 6^m instantis Aprilis, 1642, hora 3^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Lord Chief Justice of the Common Pleas was appointed by this House to be Speaker this Day.

The Sheriff of surrey to give an Account of the Riot in The King's Bench.

Ordered, That the Sheriff of the County of Surrey shall attend this House on Friday come Sevennight, to give an Account concerning the great Riot lately committed in Southwarke.

The Speaker signified to the House, "That the Commission was come from the King, for giving the Royal Assent to the Bill for explaining the Act for the effectual reducing of the Rebellion in Ireland."

The Bill to amend an Act for reducing the Irish Rebels passed by Commission.

Hereupon the Gentleman Usher of the Black Rod was sent to the House of Commons, to give them Notice of it, and to desire them to come (fn. 4) and see it passed.

The Lord Privy Seal, the Lord Admiral, and the Earl of Bath, Three of the Commissioners, being fat upon a Form set across the upper End of the House, the House of Commons came with their Speaker. Then the Commission was read; and afterwards the Clerk of the Crown read the Title of the Bill: videlicet,

"An Act for adding and explaining of certain Clauses in another Act made this Parliament, intituled, An Act for the speedy and effectual reducing of the Rebels in His Majesty's Kingdom of Ireland to their due Obedience to His Majesty and the Crown of England."

This being done; the Clerk of the Parliament pronounced the Royal Assent, in these Words:

"Le Roy le veult."

Then the Commons went, with their Speaker, to their own House.

Committee to view Roseby's Building, on the King's Ground, near the Clerk of the Parliament's House.

Upon Complaint made this Day in the House, "That, contrary to an Order of this House, dated the 6th of September last, that one Henry Roseby hath proceeded in erecting of a House upon His Majesty's Ground, whereunto it is conceived he hath no just Title, it being also near to the King's House, where the Records of Parliament are kept:" It is Ordered, That a Committee shall be appointed, to take a View of the said Building, and to consider of the whole Business, being a Matter of great Concernment to the King's House, belonging to the Clerk of the Parliament, where the said Records are kept; whose Lordships having heard the Cause, and viewed the said Building, are to make their Report to this House; and, in the mean Time there shall be a Stop of all further Proceedings in the said Building, as the said Roseby, and such as he shall employ in the Works, will answer the contrary at their Perils.

The Names of the Lords Committees are these:

Their Lordships, or any Three, to meet when and where they please.

Clerk of the Crown, Leave to be absent.

Ordered, That the Clerk of the Crown hath Leave to be absent for a Week.

E. of Bristol, Leave to speak with the Archbishop of Canterbury.

Ordered, That the Earl of Bristoll hath Leave to speak with the Archbishop of Canterbury, in The Tower, about some Business of his own.

Ordered, That the Lord Spencer is added to the Committee for the Bill against Pluralities.

Message to the H. C. that the Lords are ready to proceed in Benyon's Cause.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Bennett:

To let them know, that this House is ready to proceed in the Business of George Benyon.

Message from the H. C. to stop the Ports, upon the Escape of Sir Ed. Deering.

A Message was brought from the House of Commons, by Sir William Lewis, Knight:

To acquaint their Lordships, that Sir Edward Deering, Baronet, being committed to the Custody of the Serjeant of the House of Commons, hath made an Escape; therefore the House of Commons do desire that their Lordships would take some speedy Course to stop him at the Ports, and bringing of him back.

Order to the Lord Admiral to stop the Ports.

Hereupon this House Ordered, That the Lord High Admiral of England is hereby required to give speedy Order, That Search and Enquiry be made, in the several Ports of this Kingdom, for the finding out Sir Edward Deering; and that he, being found, shall be stayed, and forthwith sent up to the Parliament.

Strict Search to be made for Sir E. Deering.

And further it is Ordered, That all Mayors, Justices of the Peace, Sheriffs, Constables, and other His Majesty's Officers and Ministers, are hereby strictly commanded to make speedy and diligent Search and Enquiry for Sir Edward Deering; and, being found, shall forthwith be apprehended, and sent up to the Parliament.

The Answer returned was:

Answer to the H. C.

That this House hath given Order for the staying and apprehending Sir Edward Deering, and bringing of him up to the Parliament.

Message from the H. C. with an Order for paying 100 l. to Vassall for Corn for the Poor of Londonderry.

A Message was brought from the House of Commons, by the Lord Grey of Groby:

To desire their Lordships Concurrence in an Order, That the Treasurers appointed by the Act for Contribution, within the City of London, shall pay One Hundred Pounds of that Money to Mr. Samuell Vassall, to lay forth in Corn, to be distributed amongst the Poor of Londonderry, in the Kingdom of Ireland."

Agreed to.

Ordered, That this House agrees with the House of Commons in this Order.

And that they agree to the Resolutions, concerning the E. of Warwick and the L. Admiral.

The Second Part of this Message was, to let their Lordships know, "That the House of Commons do agree with their Lordships in the Resolutions concerning the Lord Admiral and the Earl of Warwicke."

The Answer returned to this Message was:

Answer to the H. C.

That this (fn. 5) House agrees with the House of Commons, in the Order now brought up.

The Messengers return with this Answer from the House of Commons:

Answer from thence about Benyon's Cause.

That they will send a Committee of their House, presently, to be present at Mr. Benyon's Business.

Benyon's Cause further heard.

The Committee of the House of Commons being come; the House directed that George Benyon should be called in, that so their Lordships might proceed in that Cause, and hear his Defence to the Impeachment of the House of Commons; who being brought to the Bar, by the Gentleman of the Black Rod, as a Delinquent, His Counsel being likewise at the Bar, the Speaker, by the Directions of the House, commanded them to go to the Matter of George Benyon's Defence, and leave all Preambles and Extravagancies.

His Defence.

Then the Counsel desired, "That the Impeachment of the House of Commons against George Benyon, and his Answer to the same, might be read again;" which accordingly was done.

After this, divers Witnesses were produced, to shew, "That there was nothing of Sedition nor Malice in George Benyon, in the Management of the Petition, as is charged; but that, by the Command of the Lord Mayor, he advised with the Recorder of London about it, who approved of it, both for the legal and customary Part."

To this Purpose these Witnesses were produced upon Oath: Henry Davison and Tho. Nevill.

And to shew that the Practice hath been for the Lord Mayor of the City of London to make Choice of the Captains of the Trained (fn. 5) Bands of that City, these Witnesses were produced: Captain Bond, Sir George Whitmore, Sir Henry Garraway.

Having made the Defence to the First Part of the Charge; the Counsel went to the Second Part, "concerning the false and scandalous Speeches, Derogation, and Contempt of the Privilege of Parliament, and of the Peers:" To shew that the said Benyon spake no such Words as he (fn. 5) is charged with, he produced these Witnesses, to testify that no such Words were spoken in their Hearing: Edward Bradborne, Trussell, and Ralph Bickerton, Browne.

George Benyon's Defence being made; the Committee of the House of Commons, and Benyon with his Counsel, withdrew; and this House Ordered, That George Benyon should be returned to The Tower, until the Pleasure of this House be further known; and that their Lordships will take the Cause into Consideration To-morrow.

A Letter from Sir E. Deering, that he was gone for Kent.

Next, the Lord Chamberlain informed the House, "That Sir Henry Gibbs came to him, and acquainted him with a Letter which he hath received from Sir Edward Deeringe, dated the 5th of April, from Billinsgate; that he was gone for Kente, and wished himself beyond the Salt Water;" which Letter Sir Henry Gibbs thought fit to make known to this House. Hereupon the Lord Chamberlain had Liberty from the House to communicate this Letter to the House of Commons.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Jovis, videlicet, 7^m diem instantis Aprilis, 1642, hora 1^a post meridiem, Dominis sic decernentibus.